A Tampa man who spent 12 years in prison for molesting two young girls at a community pool does not have to register as a sexual offender until he pays a $10,000 fine, two Florida courts have ruled.
A judge in the Hillsborough Circuit Court and a panel of three judges in Florida’s 2nd District Court of Appeal in April said ___ has not been released from the sanctions imposed in 2004, and he does not fit the definition of a sexual offender until the fine is paid, according to court records. ___ was released from prison in 2016 and is listed as a transient in Tampa, records show, but he has not paid the $10,000 fine.
___ , who represents himself in court, said prosecutors have misused “or” and “a” and “the” when interpreting sexual-offender laws. ___ ’ victories in two courtrooms could force lawmakers to rewrite a state statute to fix what Hillsborough County State Attorney Andrew Warren called a “massive loophole” in Florida law.
“This would shake up laws across Florida,” Warren said. “It’s a very rigid interpretation of the statute.”
Last week, Florida Attorney General Ashley Moody asked the 16 judges on Florida’s 2nd District Court of Appeal to rehear the case. The April ruling “raises a question of great public importance” for victims of sexual assault, Moody said in a motion for a hearing. The outcome could “have significant practical implications for thousands — and perhaps tens of thousands — of sexual offenders” in Florida, Moody wrote.
Oh, man. I cannot laugh hard enough at this! This man is amazing. Completely wrong for what he did, but he served his time and I can’t applaud him enough for using dumb legislatures language against them.
Also, “We require sexual offenders to register so moms and dads can see if any live on the street,” Warren said. “The ruling conflicts with the spirit of the law.”
Okay. What are parents supposed to do with this information? Are parents happy to allow their children to go and play with 40-year-old men in their homes if they’re not on the registry?
And boo-hoo on the spirit of the law. Is it also the spirit of the law to make minors register for CP when the “crime” is taking a nude selfie? GTFO!
Dumb law makers now scrambling. As always the victim culture vultures are there to play violin solos in hopes that they can jerk enough tears.
It’s always the victim rights groups like the CVAA and the Marsys law crusaders. They don’t want people to know the dirty stall tactics they use in these cases, why years have to go by.
To outlive the judges.
One legislative actions says that you have to complete all requirements of your sentence (including paying fines) in order to vote and yet cries foul when the same is applied to registration for a sex offense. Serves these oppressive, hypocritical and self righteous lawmakers right, they have received what they deserved.
IT PAYS TO ACTUALLY READ THE LAW.
Yes! This is what happens when you use the text of the law itself to make your case.
WI law sets strict registration liability for convictions ” on or after Dec. 25, 1993. That congressional choice is immutable in FTR case and context. The text of the law itself IS fodder for any jury. State attempts to apply strict liabilities to those with dates on judgment preceding XMAS Day 93 via 301.45b ” …was in prison…for a crime…on or after 25 Dec. 1993 ”
To presume strict liability applies both before AND after (DATE) disavowed the congressional intent choice of date itself. When Congress opted for a date in its use of Notice of Judgment in determining duty they intend to bifurcate. Meaning congress intended to split the class and treat each group different. Congress had the option to not issue a specific date but they did and states ADA must abide in interpretation for promulgating.
The short of it. READ YOUR STATE’S LAWS FOOLS! You better know them front to back!I
NARSOL set up a wiki just for that purpose. I too have refused to pay again from a Jan 91 case.
Much like the Oxford comma dilemma seen in court costing a company money…look it up
Text v Spirit v Intent…bane of our legal system…hope they dont go ex post facto on this correction they want to do
“released from prison in 2016 and records show he’s transient” Well that’s just fucking obvious. With the state’s 2000 foot rule that bans offenders from just about everywhere, there’s no other choice but to be a transient.
Bob Gualtieri is a certified moron. The Registry Hit List obviously isn’t needed for public safety or protecting anyone.
This guy who doesn’t have to Register “spent 12 years in prison for molesting two young girls at a community pool”. It doesn’t help any of the helpless people who “need” the big government Hit List to tell them that or warn about him. It doesn’t help those helpless people at all. What difference would it make?
If they, and Bob Gualtieri, had brains, they wouldn’t let their “young girls” hang out, UNSUPERVISED and UNEDUCATED/DEFENSELESS, with ANY men at a community pool. It doesn’t matter if it is this man or someone else. THAT is the only way to actually protect any children or anyone else. Because this guy isn’t going to be the guy who molests the next “young girls”. The next perpetrator is going to be someone else. So the helpless people can stop worrying about reading their Hit List and this particular man. They need to be responsible parents.
Defund the police. Everywhere and in every way possible. That doesn’t mean eliminate police. It means keeping as much resources away from them as possible – $$$$$, time, information, everything.
The only thing not Registering people puts in danger is the flow of $$$$$ to Bob Gualtieri and the rest of the big government dependents and swamp.
What about all the Massive loopholes the PROSECUTION GETS TO EXPLOIT FOR THERE GAIN OR INTERESTS !
what about all the EXCESSIVE LEEDWAY THE PROSECUTION IS ALLOWED TO TAKE ATVANTAGE OF !
What about all the WARPED; DISTRORTED, LOPSIDED AND EXAGERATED PROSECUTION TACTICS AT DODGING DEFENDANTS RIGHTS AND PRESUMPTIONS OF INNOCENCE or Reaching to fill in the blank spaces of so called criminal acts, motives etc…